MISSOURI DEPARTMENT OF PUBLIC SAFETY

OFFICE OF THE DIRECTOR

NATIONAL BAR ASSOCIATION,

Petitioner,

v.
DARREN WILSON,

Respondent.

Case Number

ADMINISTRATIVE HEARING
REQUESTED

PETITIONERS' COMPLAINT
Petitioner National Bar Association, by and through counsel, submits this petition
complaining of Darren Wilson and alleges as follows:

I.
NATURE AND PURPOSE OF THE COMPLAINT
1.

On August 9, 2014, Michael Brown ("Brown"), 18, an unarmed black teenager,

was shot dead by Darren Wilson ("Wilson"), a white police officer employed by the Ferguson
Police Department.
2.

Despite killing Brown and acting contrary to federal, state, and local laws and

regulations, Wilson's Missouri peace officer license is presently active and has been active at all
times relevant to this matter.
3.

Petitioner files this complaint under 590.080 of the Revised Statutes of Missouri

asking for the permanent revocation of Wilson' s Missouri peace officer's license.
II.
JURISDICTION

4.

The Director (the "Director") of the Missouri Department of Public Safety is

responsible for issuing and disciplining the licenses of Missouri peace officers pursuant to
590.020, 590.030, and 590.080 ofthe Revised Statutes ofMissouri (Supp. 2012) ("RSMo.").
1

III.
ABBREVIATED FACTS

5.

On August 9, 2014, Brown and a friend, Dorian Johnson ("Johnson"), were walking

across Canfield Drive in the City of Ferguson, Missouri, heading to Johnson's house, when
Ferguson police officer Wilson confronted them.
6.

Ferguson Police Chief Thomas Jackson stated that Wilson confronted Brown and

Johnson because they were not walking on the sidewalk. Johnson stated that Wilson yelled for the
young men to either "Get the f*** on the sidewalk" or "Get the f*** out of the street."
7.

Upon hearing Wilson yell at them, the young men replied that they were "not but a

minute away from [their] destination, and ... would shortly be out of the street."
8.

According to witness accounts, Wilson drove off but then put the patrol car in

reverse and backed up rapidly. The car slanted, almost hitting Johnson and Brown.
9.

While still in his patrol vehicle, Wilson grabbed Brown by his neck. Brown tried

to pull away, but Wilson continued pulling Brown toward him.

10.

At least two autopsies confirm that either before, during, or after the struggle at

Wilson' s police vehicle, Wilson shot Brown in his hand. At least one forensic pathologist has
concluded that the shot that struck Brown's hand was fired from "at least" a foot away.
11.

Johnson and a bloodied Brown then took off running, fearing for their lives.

12.

Wilson then pursues Brown with his weapon drawn and fires additional shots at

Brown. Wilson' s barrage of shots were fired in a residential area during a time and hour where
several people were outside, including many children. Upon information and belief, at least one
bullet was recovered from inside a nearby apartment.
13.

After being shot or grazed by additional bullets from Wilson's gun while his back

was still toward Wilson, Brown turned around to surrender. During this time, Brown' s hands were
2

open and exposed and nothing indicated that he possessed a weapon of any sort nor presented a
threat of imminent death or substantial bodily harm to Wilson or others.
14.

Despite observing that Brown did not possess a weapon and was already badly

wounded, Wilson fired several more shots at and into Brown. Several witnesses told police and
the press that Brown's hands were either raised or to his side in surrender at this time. Nonetheless,
Wilson fired additional shots into Brown's arm, chest, face, and a final fatal shot into the top of
Brown' s head.
15.

After the shooting, Brown's body laid on the ground for hours, initially remaining

uncovered for several minutes, as blood streamed from his head, arm, and torso onto Canfield
Drive. Brown's family, including his mother and father, watched in disbelief and anguish as
Wilson paced near Brown's body on the pavement before leaving the scene.
16.

The St. Louis County Medical Examiner conducted the initial autopsy of Brown's

body and a physician and board-certified forensic pathologist retained by Brown' s family
performed a second autopsy. Both autopsies concluded that at least six bullets from Wilson' s gun
hit Brown, including a fatal shot to the head. The independent autopsy further revealed that all of
the shots to Brown were survivable except for the final head shot.
17.

Despite unprecedented civil concern resulting from the shooting and the alleged

criminal circumstances surrounding the same, Officer Wilson remains licensed and on paid leave
from the Ferguson Police Department. Moreover, the Ferguson Police Chief has made public
statements indicating that he intends to put Wilson back to work as a police officer in Ferguson.
IV.
CLAIMS AGAINST WILSON

18.

Wilson's peace officer license is subject to discipline under 590.080, RSMo,

because he committed a criminal offense, and because he committed acts while on active duty or
3

under color of law that involve moral turpitude or a reckless disregard for public safety. The
Director is responsible for issuing and disciplining the licenses of Missouri peace officers.
590.020, 590.030, and 590.080, RSMo. Here, the preponderance of the evidence demonstrates
that there is cause for discipline of Wilson's peace officer license under 590.080.1 because
Wilson:
(2)

Has committed [a] criminal offense, whether or not a criminal

charge has been filed; [and/or]

(3)

Has committed any act while on active duty or under color oflaw
that involves moral turpitude or a reckless disregard for the safety
ofthe public or any person[.]
COUNT ONE - VIOLATION OF 590.080.1(2):

19.

Petitioner realleges and incorporates by reference the allegations set forth in all

preceding paragraphs as if set forth fully and reiterated here in their entirety.
20.

Section 590.080.1(2) provides that commission of any criminal offense suffices as

cause for discipline, regardless of whether criminal charges were filed.

21 .

The courts of this state have routinely upheld the Commission's ability to determine

whether a crime had been committed such that a professional license should be disciplined; this is
so, as the statute indicates, whether or not a criminal charge was filed and, if so, whether the
licensee had been found guilty of the crime, had pled guilty, or had been acquitted. See, e.g.,
Younge v. State Bd. ofRegistrationfor the Healing Arts, 451 S.W.2d 346 (Mo. 1969); Dir., Dep't
of Pub. Safety v. Bishop, 297 S.W.3d 96 (Mo. Ct. App. 2009); State Bd. of Nursing v. Berry, 32
S.W.3d 638 (Mo. Ct. App. 2000); Wolffv. State Bd. ofChiropractic Exam'rs., 588 S.W.2d 4 (Mo.
Ct. App. 1979).
22.

The facts here demonstrate that (a) when he grabbed Brown by his physical person

to pull him into the police cruiser, Wilson committed an assault and (b) by fuing his weapon at

Brown while Wilson was still in the patrol car, Wilson knowingly caused physical injury to another
person [Brown] by means of a deadly weapon or dangerous instrument. This is clearly assault.
23.

Additionally, the facts make clear that Wilson had sufficient time to deliberate

whether to exit his vehicle without waiting for backup, as well as to consider whether to unload
his weapon into an unarmed Michael Brown. There is no indication that Brown posed a real or
perceived threat to Wilson or others after Wilson fust shot Brown at Wilson's patrol car. Wilson' s
deliberative actions constitute murder and/or manslaughter.
24.

In the alternative, Wilson's action of firing without justification and within a

residential area were recklessly criminal in that it exposed the community to harm and injury.
Further, even if Wilson's initial shot at his patrol vehicle was not criminal, any subsequent shots
after Brown ran away were an unjustified escalation of force committed under the influence of
raised emotions related to the struggle at his patrol vehicle.
25.

Wilson' s actions demonstrate that he committed one or more crimes on August 9,

2014, regardless whether a grand jury decides if an indictment is appropriate.

26.

Accordingly, based on Wilson's conduct, the Commission should find that Wilson

committed one or more ofthe following offenses under the following RSMo provisions:
565.020. A person commits the crime of murder in the fust degree if he knowingly
causes the death of another person after deliberation upon the matter.
565.021. A person commits the crime of murder in the second degree if he
knowingly causes the death of another person or, with the purpose of
causing serious physical injury to another person, causes the death of
another person.
565.023. A person commits the crime of voluntary manslaughter if he causes the
death of another person under circumstances that would constitute
murder in the second degree under subdivision ( 1) of subsection 1 of
section 565.021, except that he caused the death under the influence of
sudden passion arising from adequate cause.
565.024. A person commits the crime of involuntary manslaughter in the first
degree if he or she recklessly causes the death of another person. A

person commits the crime of involuntary manslaughter in the second

degree if he acts with criminal negligence to cause the death of any
person.
565.050. A person commits the crime of assault in the first degree if he attempts
to kill or knowingly causes or attempts to cause serious physical injury
to another person.
565.060 A person commits the crime of assault in the second degree ifhe:
(1)

Attempts to kill or knowingly causes or attempts to cause serious

physical injury to another person under the influence of sudden
passion arising out of adequate cause; or

(2)

Attempts to cause or knowingly causes physical injury to another

person by means of a deadly weapon or dangerous instrument; or

(3)

Recklessly causes serious physical injury to another person; or

(5)

Recklessly causes physical injury to another person by means of

discharge of a firearm.

565.070. A person commits the crime of assault in the third degree if:

27.

(1)

The person attempts to cause or recklessly causes physical injury

to another person; or

(2)

With criminal negligence the person causes physical injury to

another person by means of a deadly weapon; or

(3)

The person purposely places another person in apprehension of

immediate physical injury; or

(4)

The person recklessly engages in conduct which creates a grave

risk of death or serious physical injury to another person; or

(5)

The person knowingly causes physical contact with another

person knowing the other person will regard the contact as
offensive or provocative.

In support of its position, Petitioner asks the Commission to take judicial notice of

the evidence and reports released related to the St. Louis County investigation on November 24,
2014.
28.

Considering that the preponderance of evidence clearly indicated that officer

Wilson committed on or more of the aforementioned crimes, his license should be permanently
revoked.

COUNT TWO - VIOLATION OF 590.080.1(3):

29.

Petitioner realleges and incorporates by reference the allegations set forth in all

preceding paragraphs as if set forth fully and reiterated here in their entirety.
30.

Cause for discipline of Wilson's license also exists under 590.080.1(3), because

Wilson committed acts on active duty or under color of law that involved moral turpitude or a
reckless disregard for safety of the public and for Brown. Undeniably, it is undisputed that Wilson
committed his criminal offenses while he was on active duty as a police officer for the City of
Ferguson.
31.

Wilson also committed the complained of acts under color of law. The phrase

"under color of law" is afforded its "peculiar and appropriate meaning in law[,]" 1.090, RSMo
(2000). The phrase is commonly examined in the context of civil rights cases under 42 U.S.C.
1983, where it means a state actor exercised power he possessed by virtue of state law and was
only able to do so because he had the authority of state law. Dossett v. First State Bank, 399 F.3d
940, 949 (8th Cir. 2005) (internal citations and quotation omitted). A misuse of power possessed
under state law is an action taken under color of state law, and so includes acts taken under pretense
of the law and acts overstepping the authority provided by the law. Id.
32.

The remaining requirements of the bad "acts" covered by 590.080.1(3) are moral

turpitude or a reckless disregard for safety. The evidence establishes both.

33.

Moral turpitude is defmed as " baseness, vileness, or ' depravity' or acts 'contrary to

justice, honesty, modesty or good morals."' In re Duncan, 844 S.W.2d 443, 444 (Mo. bane 1992)
(and cases cited therein); see also Brehe v. Mo. Dep 't ofElem. and Secondary Educ., 213 S.W.3d
720, 725 (Mo. Ct. App. 2007).
34.

Police officers must be held to a high standard. The public trust and the criminal

justice system require that the police force be properly commissioned, that police respect the

constitution, and that police do not violate the law that guides them. Wilson violated the public
trust and undermined the criminal justice system in deliberately and recklessly committing assault
and murder upon Brown. Wilson's crimes were contrary to justice, honesty, modesty or good
morals, and therefore qualify as ones of moral turpitude.
35.

Applying similar reasoning, the Commission can readily conclude that on August

9, 2014, Wilson demonstrated a reckless disregard for the safety of Michael Brown and others in
the vicinity. Wilson' s decision to grab Brown while Wilson was in the patrol car and later exit his
patrol car to fire upon Brown purposefully placed Brown in apprehension of immediate physical
injury and created a "substantial and unjustifiable risk" that actual serious physical injury would,
in fact, occur. In other words, Wilson acted both purposefully or knowingly in assaulting and
eventually killing Brown, the first basis for the fmding that discipline is appropriate, and he acted
recklessly in disregard of Brown's safety, as well as the safety of those in proximity of where the
bullets from Wilson's gun travelled.
36.

A fundamental purpose of the requirement that peace officers be validly licensed is

ensuring the public's safety. Upon information and belief, at the time Wilson fired his weapon
recklessly at Brown, the two men were located in close proximity to a residential area where senior
citizens, children, and families resided. Accordingly, Wilson's behavior of irresponsibly firing at
an unarmed teenager constituted a conscious disregard for the public safety of the residents of this
heavily populated residential area and placed innocent bystanders at a substantial risk of harm or
death.
37.

In addition, upon information and belief, Wilson never attempted to administer

emergency medical assistance to Brown, leaving him to die in the street in the sweltering summer
heat.

38.

In light of Wilson's disregard for Brown' s life and safety and his reckless use of

his firearm, Wilson's actions demonstrate a reckless disregard for public safety for purposes of
590.080.1 (3). The Commission can also find axiomatic that Wilson' s actions prove that he would
continue to be unsafe to the public if he were permitted to continue as a peace officer.
39.

In support of its position, Petitioner asks the Commission to take judicial notice of

the evidence and reports released related to the St. Louis County investigation on November 24,
2014.
WHEREFORE, the premises considered, Petitioner National Bar Association respectfully
requests that:
(a)

pursuant to 590.090.1(3), the Director suspend immediately the peace

officer license Darren Wilson since he presents a clear and present danger
to the public health or safety if commissioned as a peace officer;

(b)

pursuant to 590.090.1(2), the Director determine that probable cause exists

to suspend immediately Wilson's license and, without notice or hearing,
issue an emergency order suspending such license until final determination
of the disciplinary complaint; and

(c)

the Administrative Hearing Commission fmd that cause to discipline officer

Darren Wilson exists and, pursuant to Section 590.080.3, within thirty days
of that fmding, hold a hearing to determine the form of discipline to be
imposed and thereafter permanently revoke Wilson's license.

Finally, Petitioner ask that the Commission grant Petitioner such other and further relief, both
general and special, at law and in equity, to which they may be justly entitled.

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